ALI AHMAD v. DISTRICT MAGISTRATE HARDOI AND ANOTHER
WRIC/9378/2025 · 2025-09-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166265 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166265 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9378 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent no.1.
2. This petition has been filed by the petitioner for the following prayers:-
" i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to accept the dues pending upon the petitioner in easy instalment. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to release the JCB vehicle bearing no. UP 30 CT 3727 forthwith in favour of the petitioner. iii. Any other order or direction as this Hon'ble Court may deemed just fit and proper may also be passed in favour of the petitioner. iv. Allow the writ petition with cost."
3. We find that the Respondent no.2 is one M/s Hinduja Leyland Finance, it has its main office at Chennai and the Regional Office at Vibhuti Khand, Gomti Nagar, Lucknow.
4. It is the case of the petitioner that he purchased a JCB / Versus Counsel for Petitioner(s) : Dileep Kumar Yadav, Aman Agarwal Counsel for Respondent(s) : C.S.C. Ali Ahmad .....Petitioner(s) District Magistrate Hardoi And Another .....Respondent(s)
Commercial vehicle and for the said purpose had taken a loan from the Opposite party no.2 against EMI of Rs.59,811/- for 60 Months. He deposited a sum of the EMI but later on, the employees of the Opposite party no.2 have forcibly taken custody of the aforesaid vehicle without any service of notice on him. He is willing to pay the remaining amount of loan dues.
5. In case, the Respondent no.2 and its employees have acted illegally and forcibly seized the commercial vehicle of the petitioner, the petitioner has remedy of lodging an FIR against such private persons.
6. The writ petition stands disposed of. September 25, 2025 N.PAL WRIC No. 9378 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench